The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 02 (of 11)
Thomas Hobbes · en
15. Now because, as hath been shown above, before the constitution
of a city all things belonged to all men; nor is there that thing
which any man can so call his, as any other may not, by the same
right, claim as his own; for where all things are _common_, there
can be nothing _proper_ to any man; it follows, that _propriety_
received its beginning[11] when cities received their’s, and that
that only is _proper_ to each man, which he can keep by the laws and
the power of the whole city, that is, of him on whom its chief
command is conferred. Whence we understand, that each particular
citizen hath a _propriety_ to which none of his fellow-citizens hath
right, because they are tied to the same laws; but he hath no
propriety in which the chief ruler (whose commands are the laws,
whose will contains the will of each man, and who by every single
person is constituted the supreme judge) hath not a right. But
although there be many things which the city permits to its
citizens, and therefore they may sometimes go to law against their
chief; yet is not that action belonging to civil right, but to
natural equity. Neither is it concerning what[12] by right he may do
who hath the supreme power, but what he hath been willing should be
done; and therefore he shall be judge himself, as though (the equity
of the cause being well understood) he could not give wrong
judgment.
Footnote 11:
_Propriety received its beginning, &c._] What is objected by some,
that the propriety of goods, even before the constitution of
cities, was found in fathers of families, that objection is vain;
because I have already declared, that a family is a little city.
For the sons of a family have a propriety of their goods granted
them by their father, distinguished indeed from the rest of the
sons of the same family, but not from the propriety of the father
himself. But the fathers of divers families, who are subject
neither to any common father nor lord, have a common right in all
things.
Footnote 12:
_What by right he may do, &c._] As often as a citizen is granted
to have an action of law against the supreme, that is, against the
city, the question is not in that action, whether the city may by
right keep possession of the thing in controversy, but whether by
the laws formerly made she would keep it; for the law is the
declared will of the supreme. Since then the city may raise money
from the citizens under two titles, either as tribute, or as debt;
in the former case there is no action of law allowed, for there
can be no question whether the city have right to require tribute;
in the latter it is allowed, because the city will take nothing
from its citizens by fraud or cunning, and yet if need require,
all they have, openly. And therefore he that condemns this place,
saying, that by this doctrine it is easy for princes to free
themselves from their debts, he does it impertinently.